The following excerpt is from United States v. Romero, 382 F.Supp.3d 966 (E.D. Cal. 2019):
In United States v. Martinez-Garcia , 397 F.3d 1205, 121416 (9th Cir. 2005), the defendant challenged an affiant's failure to uncover certain information that allegedly would have demonstrated that the defendant's residence to be searched was not as closely connected to a drug distributor as the probable cause affidavit suggested. The affidavit in question stated that there was probable cause to believe drugs would be found at the defendant's residence because (i) an informant had actually seen the drug distributor dispensing methamphetamine at the residence, (ii) agents observed government informants entering the residence to purchase drugs, and (iii) government records reflected that the drug distributor lived at the residence. Id. at 121516. The defendant argued that further investigation by the affiant would have demonstrated that the drug distributor, in reality, no longer lived at the residence and had no control over it. Id. at 1214.
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